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Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Real Estate Law for Maryland on
Q: Is "joint tenants unto the survivor of them, their heirs and assigns" same as "joint tenancy with right of survivorship"
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 13, 2020

Yes. (though it should read "...joint tenants and unto the survivor of them, their heirs...")

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1 Answer | Asked in Estate Planning for Maryland on
Q: Are there any circumstances where a PR/Beneficiary must wait a time period before selling estate property?

My mother's estate was opened in VA in Jan. She owned a home in MD. I am being told there is a mandatory 6 months waiting period per MD law so that Creditors can file a claim. However I was under the impression the property could be sold immediately but the proceeds would then be held in... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 7, 2020

Maryland law does not mandate waiting 6 months to market/sell property, but proceeds should not be disbursed to heirs until 6 months have passed, any payments are prioritized according to the order set forth in MD law and the court has approved the accounting.

While not legal advice, I...
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2 Answers | Asked in Estate Planning for Maryland on
Q: I am a single person (70) and my adult grandson lives with me. How can I convey the house to him so he isn't taxed.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 20, 2020

There are several different taxes that can come into play when you transfer property, so it helps to know which you mean. Although some may recommend keeping title as-is and letting everything pass through probate, in my view the simplest and most cost-effective approach to easily transfer... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a deed of assignment be recorded if the owner is deceased in Maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 17, 2020

If the question is asking about how to transfer property titled in a deceased's name when they died, the only way to do this is by first opening up an estate and then by recording a Personal Representative's deed. No one can sign a dead person's name after they die.

If the...
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3 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.

There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.

I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.

Do I have to sell the house to pay the credit cards?... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 4, 2020

As another attorney noted, all lawful debts need to be paid before assets get distributed to heirs. That said, Maryland law requires that debts be paid in a certain order before any of the heirs can inherit estate property. Some debts (for instance funeral bills and some medical bills), may have... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Elderly parent relocating from LA to MD. Is the will from LA void, or should I have dad update his will for MD?

Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 30, 2019

Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: i own my home with my ex who died. His wife said the house is part of his estate. How does that affect me?

He hasn't live here in 10 years. I thought ownership would just transfer to me.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 17, 2019

People can jointly own property several ways. If married, they can own in Maryland as tenants by the entirety, joint tenants with rights of survivorship or as tenants in common. The way these types of co-ownership transfer at the death of one of the owners is very different. When a joint... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My grandmother died in 2011, my father never performed her estate. He died in 2019. Does he inherit from her estate?

I have one biological brother, and my father was married at the time of his death. he is not alive to claim his share from my grandmother who gets that share under Maryland law.

Edited to add details. My grandfather passed away in 1975. Only the house was left and no will was found. My... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 13, 2019

In figuring out who inherits, the law tends to only looks at who survived the Decedent AT THE MOMENT OF THEIR DEATH. The answer may vary a bit depending on whether the Decedent had a will or died without a will. (Wills commonly specify that someone needs to survive by a brief period, say 30 or... Read more »

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2 Answers | Asked in Civil Litigation for Maryland on
Q: What is the statue of limitations in Maryland for an unrecorded deed

My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 10, 2019

A deed can be recorded anytime after it is signed, but how an unrecorded deed affects other people's rights in a particular piece of property depends on the specific facts of the situation. Very generally speaking someone who pays market rates for real estate and is unaware of any other deeds... Read more »

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1 Answer | Asked in Tax Law for Maryland on
Q: If I purchased a tax sale certificate and foreclose am I liable to repay the original purchser state and fedetax liens.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

It is strongly advised to use an attorney to initiate foreclosure proceedings. Maryland law allows for reimbursement of the tax sale purchaser's attorney fees up to a specified dollar amount upon redemption, so nearly all of the time a certificate holder will use an attorney who can help... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is thereis 15 day grace period to pay rent to a residential group home in maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland law does not impose a "grace period" for late payments of rent, but you may wish to check the terms of a particular lease to see if there is a grace period before late fees begin to accrue. Generally speaking, rent is due on whatever date the lease says it is due and unless the... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: My question is someone is claiming to be hurt through workers compensation, how do you report it?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland employers should post in the workplace information about Workers Comp, but an injured employee can always contact the Workers Compensation Commission.

Alternatively, an injured employee can reach out to an attorney practicing in this area of law.

1 Answer | Asked in Contracts and Securities Law for Maryland on
Q: I am being charged 24.22 % for a loan this is higher than the usury law. I have a secured loan and the contract has

The contract has expired on my secured loan which I secured with my vehicle but I still owe the fees for late payments. Can my vehicle still be reprocessed? I have paid $2200 of the $ 3300 of late fees I owed.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland usury law is rather complicated and has all sorts of different rates of interest depending on the situation. For instance, the maximum legal rate of interest permissible for a Maryland loan might be 6%, 8%, 18% or 33% depending on the facts.

If after looking at the various...
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1 Answer | Asked in Employment Discrimination for Maryland on
Q: How can I sue my employment for firing me for being on bed rest because I was pregnant

And how much is it gonna cost me to get a lawyer and how do I get the lawsuit filed

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Is a testamentary will sufficient to avoid probate in Maryland VA even if you own a home?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

In a word, "NO." A will does not avoid probate. A planner may have good reason to want to avoid the process and expense of probate (which typically involves costs to include a commission to the PR, newspaper publication, attorney fees and probate fee, though the probate fee is not... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: My mortgage company did a modification on my mortgage. They gave me a 3 month trail period. That was about 7 months ago.

They are saying they can't complete the modification because it is showing I have another mortgage on the title from 2007,and I need to supply them with a copy of it.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

There doesn't seem to be a question in this post.

If an old mortgage is paid off but not showing as "released" in the Land Records it would be necessary to straighten that out. Lenders should mail something called a Certificate of Satisfaction or Release once a loan is...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: can I go after my landlord for hotel fees because I don't have heat
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

If there is no heat due to a malfunctioning heating system or something else in the Landlord's control, a tenant can petition in court for something called "Rent Escrow." Rent Escrow basically is designed for situations where some serious / dangerous problem threatens the health or... Read more »

1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Grandmother and her husband are on the house deed. Grandmother died. Who gets the house and how?

We are a blended family. Step grandfather’s son called saying he has POA and wants access to the house. We never met him before and step grandfather is in nursing home, deemed medically incompetent and is non verbal.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

As another attorney notes, the surviving co-owner (grandfather) would own 100% of the property if he owned it with his wife as tenants by the entirety.

A person's physical or mental state does not change their ownership of property. However, if the owner is no longer capable of...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a family member act as a witness on a Power of Attorney?

One witness can be the notary and the other witness, not named on the paper as an agent, successor, or alternate, witness the document, even if the witness is a family member?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

While the law does not prohibit relatives from acting as a witness to a POA, best practice is to have the witnesses be disinterested non-relatives if possible.

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